Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: us supreme court Year: 2006 Page 5 of about 69 results (0.132 seconds)

Nautam Prakash Dgsvc, Vadtal and ors. Vs. K.K. Thakkar and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2075; 2006(3)BomCR883; 2006(5)MhLj531; 2006(5)SCALE213; (2006)5SCC330

..... removed or disposed of.(2) it shall be the duty of every trustee or of such person to comply with the directions issued under sub-section (1). section 41b of the act indisputably is not applicable in the state of gujarat. 13. the jurisdiction of the assistant commissioners of greater bombay and state of gujarat is required ..... region an amount in the ration which the income from all sources including any sums specified in clauses (a) to (c) of sub-section (2) of section 57 of the act, court fees and miscellaneous receipts other than deposits received in respect of that region during the period between the establishment of the public trusts administration ..... carved out of the state of bombay. in anticipation of such reorganization, the legislature of the state of bombay enacted the bombay statutory corporations (regional act xxi of 1960). section 3(1) hereof read as under:-3(1) if it appears to the state government expedient that any existing corporation which is operating and functioning .....

Dresser Rand S.A. Vs. Bindal Agro Chem Ltd. and K.G. Khosla Compressor ...

Court : Supreme Court of India

Reported in : AIR2006SC871; 2006(1)ARBLR171(SC); [2006]131CompCas805(SC); 126(2006)DLT437(SC); JT2006(1)SC262; 2006(1)SCALE218; (2006)1SCC751

..... the way of either bindal or kgk subsequently pointing out that there was no arbitration agreement, when they examined the legal position or when an application under section 3 of foreign awards act was filed. 44. in u.p. rajkiya nirman nigam ltd. vs. indure pvt. ltd. [1996 (2) scc 667] negativing a contention based ..... arbitrator will not come in the way of their demonstrating that there is no arbitration agreement when the matter comes up before the court under section 3 of the foreign awards act. therefore, there is no question of either waiver or acquiescence. conclusion 45. we, therefore, do not find any reason to interfere with ..... of the learned single judge of the high court that there was no arbitration agreement and consequently, upheld the rejection of the applications under section 3 of the foreign awards act. the division bench while affirming the temporary injunction granted by the learned single judge restraining dr from proceeding with the arbitration, deleted the requirement .....

State of Karnataka and ors. Vs. Kgsd Canteen Employees Welfare Associa ...

Court : Supreme Court of India

Reported in : AIR2006SC845; 2006(1)CTC414; [2006(109)FLR18]; JT2006(1)SC84; 2006(2)KarLJ1; (2006)ILLJ691SC; RLW2006(2)SC1156; 2006(1)SCALE85; (2006)1SCC567; 2006(2)SLJ129(SC)

..... persons working in the canteen would be the employees of the establishment. therefore, even assuming that respondent 1 is a specified industry within the meaning of section 46 of the factories act, 1946, this by itself would not lead to the inevitable conclusion that the employees in the canteen are the employees of respondent 1.28. in ..... it may be carried out wholly or substantially by the establishment itself or the burden may be delegated to an independent contractor. there is nothing in section 46 of the factories act, nor has any provision of any other statute been pointed out to us by the appellants, which provides for the mode in which the specified ..... in the saraspur mills co. ltd. v. ramanlal chimanlal and ors. : (1973)iillj130sc where the management was under a statutory obligation in terms of section 46 of the factories act and the rules made thereunder to maintain the canteen for the workers which was being run by a co-operative society wherewith the management had nothing to .....

Kerala State Electricity Board Vs. Hindustan Construction Co. Ltd. and ...

Court : Supreme Court of India

Reported in : AIR2007SC425; JT2007(1)SC45; 2007(1)KLT76(SC); 2006(12)SCALE338; [2009]91SCL183(SC)

..... s meeting of july 3, 1963 including the revision of the draft minutes were all in accordance with the provisions of the act and the university statutes and therefore the chancellor had no jurisdiction under section 9(4) of the act to annul the decision of the syndicate or the proceedings of the meeting of july 3, 1963. above being the position, ..... validly taken particularly as none present then had raised any protest against the alteration. the decision relied on by mr. jha in in re botherham alum and chemical company 1884 (25) c.d.103 is altogether on a different question and cannot be of any assistance.since the vice-chancellor was right in his understanding that what had been ..... decided at the meeting of may 7, 1963 was not to accept the commission's recommendation and since such refusal to accept meant under section 26(4) that the matter should be sent back to the commission for recommendation, his action in asking the commission to reconsider clearly fell under .....

West Bengal State Electricity Board Vs. Dilip Kumar Ray

Court : Supreme Court of India

Reported in : AIR2007SC976; 2006(12)SCALE559

..... not abuse of process, but is governed by substantially the same rules as the malicious prosecution of criminal proceedings.' 52 am. jur. 2d malicious prosecution section 2, at 187 (1970).the term 'malice,' as used in the expression 'malicious prosecution' is not to be considered in the sense of spite or ..... not necessarily signally ill- will towards a particular individual, but denotes that condition of mind which is manifested by the intentional doing of a wrongful act without just cause or excuse. therefore, the law implies malice where one deliberately injures another in an unlawful manner.malice means an indirect wrong motive.' ..... was lodged against him and others per alleged misconduct and commission of various offences. initially, the respondent no.1 was placed under suspension for alleged acts of misconduct while functioning as the superintending engineer, pending investigation drawal and disposal of the disciplinary proceedings against him. since no charge sheet was issued within .....

N. Birendra Singh Vs. L. Priyo Kumar Singh and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2228; [2006(110)FLR226]; 2006(5)SCALE434; (2006)9SCC650

..... . the case has a chequered history. we would, however, note the factual matrix of the matter, from c.a. nos. 2126-2127 of 2001. the appellant was appointed as a section officer, grade-i (elect.). he was promoted to the post of assistant engineer (elect.) on an ad-hoc basis on 5.2.1980. by a government order dated 30th september .....

Scheidler Vs. National Organization for Women, Inc.

Court : US Supreme Court

..... 848 , 854 (2000) (holding that by using the term affecting commerce, congress did not define the crime described in [18 u. s. c.] 844(i) as the explosion of a building whose damage or destruction might affect interstate commerce, and noting that the court must look to other qualifying language in the provision to define the offense). for ..... second question requires an entry of judgment in petitioners favor, we shall not answer the first or third questions. ii we first set forth the hobbs act s text. the relevant statutory section imposes criminal liability on [w]hoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in ..... the reference in the physical violence clause to actions or threats of violence in furtherance of a plan or purpose to do anything in violation of this section seems to mean acts or threats of violence in furtherance of a plan or purpose to engage in robbery or extortion , for that is the only kind of behavior that .....

Wachovia Bank, N. A. Vs. Schmidt

Court : US Supreme Court

..... years, the word established appearing in the first paragraph of 1348 and the word located appearing in the second paragraph were placed in the same section in the 1911 revision. the codifying act stated that provisions substantially the same as existing statutes should not be treated as new enactments. thus, it is unsurprising that, in 1947, this ..... 416 417 (internal quotation marks omitted). banks have a physical presence, the fourth circuit stated, wherever they operate branches. id. , at 417. next, the court noted, section 1348 uses two distinct terms to refer to the presence of a banking association: established and located. id., at 419. to give independent meaning to each word, the court said ..... its own motion, even if no party raises an objection. see, e.g., mansfield, c. & l. m. r. co. v. swan, 111 u. s. 379 , 382 (1884); fed. rule civ. proc. 12(h)(3). cognizant that venue is primarily a matter of choosing a convenient forum, leroy v. great western united corp., 443 u. s. 173 , .....

Dixon Vs. United States

Court : US Supreme Court

..... burden of proof. see ante, at 10. when issues of congressional intent with respect to the nature, extent, and definition of federal crimes arise, we assume congress acted against certain background understandings set forth in judicial decisions in the anglo-american legal tradition. see united states v. bailey, 444 u. s. 394 , 415, n ..... done maliciously ); black s law dictionary 968 (7th ed. 1999) (defining malice as [t]he intent, without justification or excuse, to commit a wrongful act ). footnote 5 professor lafave has explained the duress defense as follows: the rationale of the defense is not that the defendant, faced with the unnerving threat of ..... the defense of necessity, the defense of duress does not negate a defendant s criminal state of mind when the applicable offense requires a defendant to have acted knowingly or willfully; instead, it allows the defendant to avoid liability because coercive conditions or necessity negates a conclusion of guilt even though the necessary mens rea .....

Daimlerchrysler Corp. Vs. Cuno

Court : US Supreme Court

..... establishment clause. id., at 105 106. flast held out the possibility that other specific [constitutional] limitations on art. i, 8, might surmount the barrier to suits against acts of congress brought by individuals who can assert only the interest of federal taxpayers. 392 u. s., at 105, 85. but as plaintiffs candidly concede, only the establishment ..... . id., at 433. we then reiterate[d] what we had said in rejecting a federal taxpayer challenge to a federal statute as equally true when a state act is assailed: the [taxpayer] must be able to show that he has sustained some direct injury and not merely that he suffers in some indefinite way in common ..... for legislative discussion and decision; if to every question under the laws and treaties of the united states it would involve almost every subject on which the executive could act. the division of power [among the branches of government] could exist no longer, and the other departments would be swallowed up by the judiciary. 4 papers of .....